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disbrea disagree with the obama administration's decision to rule out enemy combatant status for this suspect at this time. >> we are moving up to the boat he was actually laying down on the side of the boat, one leg out, one hand out. as we got closer, he sat back up. >> he just sat up. he's moving, flailing about, quite a bit of movement. >> the suspect's in custody. >> tonight, dzhokhar tsarnaev goes to court at his hospital bedside. and there is more. the magistrate says he is lucid. adam housley is live in boston with the latest. adam? >> reporter: yeah, gret a. in fact, in the hospital behind me, there is significant security, downstairs and throughout the hospital. the u.s. marshal service has taken over the security situation of him specifically. they have marshalls by his room, in the hallway, all standard procedure when the macials take control. before that, it was local law enforcement and the fbi. so the marshalls will be in charge of him, until he is well enough to leave here. once that happen, he will fly out via helicopter, like whitey bowlser did. they feel li
where bomber two had placed his knapsack. >> i strongly disagree with the obama administration's decision to rule out enemy combatant status for this suspect at this time. >> when we are moving up to the boat he was actually laying down on one side of the boat. one leg out, and one hand out, and when we got closer, that's when he sat up. >> he just sat up. moving about. quite a bit of movement. >> suspect in custody. >> tonight dzhokhar tsarnaev goes to court at his bedside. and there is more. they say he is lucid. adam. >> in the hospital behind me there is significant security not only downstairs but throughout the hospital. the u.s. marshals service has now officially taken over the security situation of him specifically. they have marshalls stationed by his room, in the hallway where he is. all standard procedures when the marshals take control. before the fbi was doing that. marshals will basically be in charge of him until he's well enough to leave here. we are told once that happens he will likely fly out via helicopter to a different hospital. it's the best way of takin
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